The Unemployment
Insurance Law requires that a claimant voluntarily separated from employment be
disqualified if the separation is "without good cause" (sub. sec.
593.1 (a)), or due to the claimant's "marriage" (sub. sec. 593.1
(b)). This applies to any voluntary separation after which claimant has not
worked in subsequent employment and earned remuneration at least equal to five
times the benefit rate. (See Field Memo 3-99 for detailed discussion of
"controlling" employment.)

The term
"voluntary separation" as used in the statute means leaving
employment of one’s own free will. It includes resignations other than those
submitted at the employers insistence, and failure to return to work following
a temporary layoff or leave of absence. A claimant discharged because of
volitional acts which leave the employer no choice but to terminate the
employee, pursuant to law, governmental regulations or contract is also
voluntarily separated from employment. (Matter of
Malaspina, 309 N.Y. 413; Matter of Dounn,
71 AD 2d 746)

Once it is
established that a claimant's separation is voluntary, the local office must
determine whether the circumstances of the separation were "without good
cause." Section 593.1 (a) provides that "In addition to other
circumstances that may be found to constitute good cause, voluntary separation
from employment shall not be in itself disqualify a claimant if circumstances
have developed in the course of such employment that would have justified the
claimant in refusing such employment in the first instance ..." under the
terms of sub. sec. 593.2...; or "if a claimant, pursuant to an option
provided under a collective bargaining agreement or written employer plan which
permits waiver of his right to retain the employment when there is a temporary
layoff because of lack of work, has elected to be separated for temporary
period and the employer has consented thereto. "

Statutory good
cause is also provided by sub. sec. 599.2 for claimants leaving employment
which is not "suitable employment" to enter training approved under
the Federal Trade Act of 1974. "Suitable employment" is defined as
"work of a substantially equal or higher skill level than the claimant's
past adversely affected employment and for which the remuneration is not less
than eighty percent of the claimant’s average weekly wage." This exception
does not apply to any other training program.

In addition to the
statutory reasons above, numerous other conditions may provide good cause for
leaving employment. In general, to qualify for benefits a claimant who
voluntarily leaves employment must have had a compelling reason for leaving and
must have made a reasonably prudent attempt to resolve the problem and protect
the employment.

When interviewing
claimants regarding the issue of voluntary separation, claims personnel should
consult the appropriate Fact Finding Guide cards for a checklist of questions
to be explored. Determinations should be made in accordance with the principles
reported in this section of the Interpretation Service Index, and the policies
set forth in relevant Special Bulletins (A-710 series).

Index 1600-1799
Voluntary Separation

1605.
General

Voluntary or involuntary

Where claimant, given
the option to resign or be discharged because of disagreements with
foreman, resigned, it was held leaving was not voluntary. (A.B. 8963-43; A-750-455)

Where an employer
offered a choice of dates for terminating the employment, a claimant does
not become subject to a disqualification for voluntary leaving by a
selection of the earlier of two dates since exercising such option does
not make the separation voluntary. (A.B. 141,874; A-750-1687;
similarly, App. Div., Matter or Ziembiec, 62 A.D. 2d 1105)

There is a voluntary
leaving of employment and not a discharge if an employer does not permit
claimant to withdraw a resignation which had already been accepted. (A.B.
43,891- 54; A-750-1294; similarly, Matter of
Rubin, 37 A.D. 2d 910)

If a claimant, for
reasons which do not constitute good cause, gives his employer notice of
leaving the employment and agrees to remain until a replacement has been
obtained, but no later than a specified final day, and his services are
terminated before such final day when the employer secures the
replacement, the disqualification for voluntary quit takes effect
immediately although the claimant was willing to continue working. (A.B.
39,527-53; A-750-1224).

If a claimant gives
notice of leaving employment at a future date, but is discharged for that
reason at an earlier date, there may not be a disqualification for
voluntary leaving because the separation on the earlier date is not
voluntary. (Matter or Senator, 76 AD 2d 652, A-750-1897)

A claimant who has
received a notice of discharge for reasons not constituting misconduct
does not voluntarily leave employment by refusing to work the last two
days before the effective date of discharge. (A.B. 329,055; A-750-1914)

Advancing the
effective date of a claimant's resignation by four days with the
claimant's consent does not alter the voluntary nature of the separation.
(A.B. 332,322; A-750-1933)

A claimant who waives
job retention rights and accepts separation from employment pursuant to a
collective bargaining agreement or written employer plan with no definite
date to return to work voluntarily leaves employment without good cause.
Separation for a "temporary period" requires an agreement
between the employer and the claimant at time of separation as to the
duration of the layoff. (Matter of Violanti. 89 A.D. 2d 727; A-750-1932)

A claimant who, given
the option of accepting employment for a three week or six-week period
chose a three-week assignment, is not subject to disqualification for
voluntary leaving employment when at the expiration of three weeks there
was no further work available. (A.B. 353,397; A-750-1954)

If a claimant,
following a voluntary quit for non-compelling reasons and before filing a
claim for benefits, is subsequently re-employed by the former employer to
train his/her replacement and then is separated following the completion
of the training period, the claimant should be disqualified for voluntary
leaving of employment without good cause. (Matter of Kyle Kindlon 114
AD 2d 730; A-750-1970)

A claimant, who is
discharged immediately upon giving notice of intent to leave at a future
date for personal, non- compelling reasons, has voluntarily quit his job without
good cause if the employer pays, upon separation, an amount equivalent to
the salary claimant would have received through the intended date of
leaving. (A.B. 389,848A; A-750-2001)

A claimant's choice to
leave employment due to a change in claimant's school schedule which the
employer is unable or unwilling to accommodate, while continuing work is
available in the claimant's usual schedule, is tantamount to a voluntary
leaving of employment without good cause. (A.B. 388,505; A-750-1994)

Claimant, having given
two weeks notice, is subject to a misconduct determination when
discharged earlier if, by her actions, she demonstrates she does not
intend to perform her job duties. (A.B. 394,334; A-750-2022)

An elected official
becomes involuntarily unemployed upon expiration of his term of office;
despite the fact that he chose not to seek re-election. (A.B. 398,861; A-750-2026)

Where a definite date
of separation under non-disqualifying conditions has been set by the
employer, a request by claimant to leave the job at an earlier date, when
agreed to by the employer, did not constitute a voluntary leaving
without good cause. (A.B. 405,053; A-750-2038)

Existence of employment
relationship

A claimant who is laid
off for an indefinite period with no expectation for recall within a
reasonable time does not voluntarily leave his employment upon submitting
his resignation. (A.B. 125,142; A-750-1645)

If claimant's services
are terminated under an employer's policy requiring employees to cease
working at a given stage of pregnancy, there is no voluntary leaving of
employment even though the claimant declined to accept a maternity leave.
(A.B. 149,438; A-710-1716. See
"Comments")

A voluntary quit
disqualification was upheld in the case of a claimant who ceased working
voluntarily, rejected a maternity leave without a valid reason, and filed
before childbirth: A.B. 195,433; and a claimant who filed after
childbirth: A.B. 191,796)

A veteran, although he
has reinstatement rights under the Universal Military Training and
Service Act, does not voluntarily leave his employment when he
fails to apply for his former job and, therefore, cannot be disqualified
for that reason. (Matter or Lungarelli, 22 N.Y. 2d 394; A-750-1700)

A claimant who
discontinues reporting to employer on a daily "shape-up" basis
by which he had received only occasional work as a relief man may not be
disqualified for voluntary leaving of employment. (A.B. 48,186-55; A-750-1343)

(Conversely,
a voluntary quit disqualification applied when by such method claimant had
received from two to four days work per week from his last employer: A.B.
255,199)

A claimant, who files
for benefits while continuing on a leave of absence which may be
terminated at claimant's volition, is subject to disqualification for
voluntary leaving even though claimant had intervening employment which
ended under nondisqualifying conditions. (A.B. 370,237; A-750-1978)

A claimant, who is
discharged immediately upon giving notice of intent to leave at a future
date for personal. non-compelling reasons, has voluntarily quit his job
without good cause if the employer pays, upon separation. an amount
equivalent to the salary claimant would have received through the intended
date of leaving. (A.B. 389,848A; A-750-2001)

Last employment,
Controlling Separation

A claimant, not
entitled to reinstatement under the Law to the job which he voluntarily
left without good cause prior to his military service, may not be
disqualified for such leaving upon filing for benefits after his
discharge from military service. (Ref. Case 511-159-53R; A-750-1212)

The rule previously reported here is obsolete.

Claimant is subject to
disqualification when she leaves employment without good cause (to avail
herself of pension rights) even though she continued to work at a part
time job two or three nights a week since, under such circumstances, the
part time employment was not her last "terminated" employment
for the purpose of a voluntary leaving disqualification. (The
"continuing"' employment is used to terminate the
disqualification) (A.B. 77,075-60; A-750-1540;
similarly, A.B. 289,897)

The principle
established by Court decision (Matter of Emery: 281 A.D. 2d 426; A-750-1207) that a self-employed claimant is not
totally unemployed does not mean that self-employment constitutes
"employment" for any of the other purposes of the Unemployment
Insurance Law. (A.B. 42,399- 54; A-750-1260)

A claimant who files
for benefits after the effective date of voluntary retirement from public
employment is subject to disqualification for quitting such employment,
even though, while liquidating his leave time prior to retirement, he
obtained other work which ended before the retirement date. Under these
circumstances the employer from whom he retired is the last employer
prior to filing the claim. (A.B. 284,249; A-750-1878)

If a claimant,
following a voluntary quit for non-compelling reasons and before filing a
claim for benefits, is subsequently re-employed by the former employer to
train his/her replacement and then is separated following the completion
of the training period, the claimant should be disqualified for voluntary
leaving of employment without good cause. (Matter of KyIe Kindlon,
114 A.D. 2d 730: A-750-1970)

A claimant, who files
for benefits wile continuing on a leave of absence which may be
terminated at claimant’s volition, is subject to disqualification for
voluntary leaving even though claimant had intervening employment which
ended under nondisqualifying conditions. (A.B. 370,237; A-750-1978)

In determining
separation from "last employment", the statutory definition of
"employment" and its exceptions will govern the interpretation
of the words "last employment". (Matter of David Gruber,
89 2d 225; A-750-2100)

Effective date and
termination

If a claimant, for
reasons which do not constitute good cause, gives his employer notice of
leaving the employment and agrees to remain until a replacement has been
obtained, but not later than a specified final day, and his services are
terminated before such final day when the employer secures the
replacement the disqualification for voluntary quit takes effect
immediately although the claimant was willing to continue working. (A.B.
39,527-53; A-750-1224)

"Subsequent"
employment which terminates a disqualification does not have to be new
employment so that part-time employment continuing from before the date
on which a disqualification was incurred meets the requirement of the
Law. (Matter of Cowan, 17 A.D. 2d 232; A-750-1565)

A back-pay award is
"earned" remuneration for employment usable in terminating a
disqualification. (A.B. 129,914; A-750-1652)

Vacation pay is not
usable in terminating a disqualification since it is not
"subsequently" earned remuneration. (A.B. 144,502; A-750-1696)

The principle
established by Court decision (Matter of Emery, 281 A.D. 2d 426; A-750-1207) that a self-employed claimant is not
totally unemployed does not mean that self-employment constitutes
"employment" for any of the other purposes of the unemployment
insurance law. (A.B. 42,399-54; A-750-1260)

Obsolete See A-710-36
(Oct. 19, 1998)

Members of the Reserve
Component of the Armed Forces of the United States are totally
unemployed while engaging in weekly drill sessions. Participation in and
pay received for such drills are neither employment nor remuneration, and
may not be used to terminate a disqualification. (A.B. 344,489; A.B.
344,490; A-750-1949)

Failure to return to
work following a temporary layoff of definite duration is a voluntary
separation from employment. The disqualification, if warranted. is
effective the pre-established recall date. (A.B. 329,642; A-750-1917, Rev.)

When a claimant
voluntarily resigns without good cause, prior to a scheduled temporary
lay-off, the effective date of disqualification is the day following the
last day of claimant's employment even though this date coincides with
the date of the scheduled temporary lay-off. (A.B. 411,606; A-750-2049)

A disqualification
from benefits can only be terminated by "employment" as defined
in the statute. The statutory definition of "employment" and
its exceptions will govern the interpretation of the term "employment".
(Matter of Kent A. Greene, 89 NY 2d 225; A-750-2101)

Employment performed
in another state which is not excluded employment in that state can be
used for the purpose of terminating a prior disqualification. (A.B.
462,249; A-750-2102)

Voluntary separation or Misconduct

There is no statutory
authority for a disqualification on the grounds of a "provoked
discharge"; and, therefore, if an employer decides to discharge a
claimant because of an act or omission which is detrimental to his
interests, there can only be a misconduct disqualification. (Matter of
James, 34 N.Y. 2d 491; A-750-1775).

Failure to file a
grievance in response to proposed disciplinary action, is not tantamount
to voluntary leaving of employment without good cause unless there is
some accompanying affirmative act by the claimant signifying voluntary
separation. (A.B. 359,061; A-750-1963)

A claimant who voluntarily leaves his or her position in the face of pending disciplinary charges may qualify for Unemployment Insurance Benefits if the claimant’s actions do not constitute misconduct.

When a claimant quits
employment which he had accepted in good faith, voluntary leaving and not
refusal is at issue, even though the claimant worked in the employment
for less than one-half day. (Matter of Centonze. 54 A.D. 2d 523; A-750-1421)

Where claimant refused
to return to former employment after an absolute lay-off with no definite
date set to return, the proper issue is refusal of employment; however,
if a definite date is set to return, the issue is one of voluntary
leaving. (A.B. 21,654-49; A-750-929)

Severance of
employment at the termination of a voyage and upon the receipt of
Certificate of Discharge issued by the United States Coast Guard, but
after continuing work was offered, was voluntary leaving of employment
and as the principal reason for so doing was that the voyage was ended,
the leaving was without good cause. (Ref. 510-282-48R; A-750-851)

Where night work
affected claimant's health, unwillingness to accept transfer to same work
on day shift at prevailing wages resulted in disqualification for
voluntary leaving of employment without good cause and not for refusal of
employment. (A.B. 10,324-44; A-750-572;
similarly A.B. 28,738-52)

Rejection of an offer
for continuing employment with a new owner of the business constitutes a
voluntary leaving of employment. (A.B. 149,204; A-750-1715)

A claimant who was
hired for a specified period is subject to disqualification for voluntary
leaving of employment if he rejects an offer of continuing work upon
expiration of that period. (A.B. 264,829; A-750-1856)

A layoff due to lack
of work with no definite date of recall severs the employer/employee
relationship, notwithstanding claimant's retention of union seniority and
recall rights. (A.B. 329,932; A-750-1913)

Failure to return to
work following a temporary layoff of definite duration is a voluntary
separation from employment. The disqualification, if warranted, is
effective the pre-established recall date. (A.B. 329,642; A-750-1917, Rev.)

When a claimant
voluntarily resigns without good cause, prior to a scheduled temporary lay-off,
the effective date of disqualification is the day following the last day
of claimant's employment even though this date coincides with the date of
the scheduled temporary lay-off. (A.B. 411,606; A-750-2049)

Claimant's refusal to
accept reinstatement following a disciplinary suspension, because such
reinstatement is contingent upon a probation period wherein claimant
could be summarily discharged for a violation of company rules; was
tantamount to voluntary leaving of employment without good cause. (A.B.
374.677; A-750-1987)

Voluntary separation or
industrial controversy

Failure to return to
work upon the termination of an industrial controversy constitutes
voluntary leaving of employment which is without good cause when
claimant's union had directed its members to return to work. (A.B.
34,274-52; A-750-1181)

1610.
Actions leaving the employer no choice

Claimant's loss of employment because of
failure to join a union as required by the collective bargaining agreement
in effect in the employer's establishment constitutes a voluntary leaving
of employment without good cause. (Matter of Malaspina, 309 N.Y.
413, aff’g 285 App. Div. 564; A-750-1286(Rev.))

Refusal by claimant to fill out a
personnel security questionnaire which was a condition to continuance in
employment, and was required by the Federal Department of Defense from the
employer's employees, constitutes a voluntary leaving of employment
without good cause. (A.B. 49,803-55; A-750-1367)

Loss of employment by a county employee
because of failure to maintain residence in that county as required by law
is a voluntary leaving of employment without good cause. (Matter of
Keenan, 51 A.D. 2d 596; A-750-1804)

Refusal of a police officer's request to
take a chemical test for intoxication, resulting in revocation of
operator's license and consequent loss of employment as cab driver,
constitutes voluntary leaving without good cause. (Matter of Donahue, 33
A.D. 2d 848; A-750-1720)

Discharge from employment requiring the
operation of a motor vehicle because claimant's driver license was
revoked. is considered a voluntary leaving of employment without good
cause when the claimant should have known that his action (speeding) could
result in such revocation of license, even though he committed the offense
while operating his own automobile in personal business. (A.B. 69,737-59; A-750-1506; similarly, Matter of Cromartie, unreported,
A.D. 77-193)

When an employer has no choice but to
discharge an employee because his conduct results in his employment no
longer being permitted by law or governmental regulation, the termination
is a voluntary leaving of employment by provoked discharge. It is
immaterial that the conduct resulting in dismissal was not in connection
with the employment from which he was discharged. (Matter of Dounn, 71
A.D. 2d 746; A-750-1887)

A provisional Civil Service employee who
was aware of the requirement to take a Civil Service examination to retain
employment but chose not to do so for personal reasons is subject to
disqualification for voluntary separation when the employer is required to
permanently fill all its positions with candidates who passed the test.
(A.B. 339,362; A-750-1944)

A provisional Civil Service employee who
does not take the test necessary for permanent appointment and is
subsequently terminated is not subject to disqualification for voluntary
separation when the list established from the test is exhausted before all
items are filled and some provisional employees are retained by the
employer. (A.B. 335,863A; A-750-1945)

A claimant discharged for failing to
maintain a valid driver's license, a necessary condition of employment is
not subject to disqualification when the loss of the license is not caused
by the claimant's act. There is no misconduct or voluntary separation
("provoked discharge") unless the loss of employment results
from the claimant's volitional act or omission. (A.B. 343,898; A-750-1948)

A corporate officer whose license is
revoked due to professional misconduct, and who cannot continue to operate
the corporation without the license, loses employment through voluntary
leaving without good cause. (A.B. 344,588; A-750-1952)

Claimant who is held to be an
unacceptable risk by the employer's insurance carrier is not subject to a
voluntary quit disqualification for provoked discharge, because the employer
is not without any option to seek coverage elsewhere. Instead, claimant's
behavior that led to the negative evaluation of his insurance risk should
be examined to determine whether misconduct in connection with employment
has arisen. (A.B. 473,758; A-750-2103)

1615.
Anticipation of discharge or layoff

Leaving employment at any time on the
last day may not be made the basis for a voluntary quit disqualification.
(A.B. 61,771)

Where a definite date of separation under
non-disqualifying conditions has been set by the employer, a request by
claimant to leave the job at an earlier date, when agreed to by the
employer, did not constitute a voluntary leaving without good cause. (A.B.
405,053; A-750-2038)

An assumption by claimant that because
of an argument with his foreman he would be discharged did not constitute
good cause for voluntary leaving of employment. (A.B. 9189-43; A-750-456)

Voluntary leaving of Federal employment
because misconduct charges are pending is without good cause regardless of
whether the charges would ultimately justify dismissal. (A.B. UCFE-774; A-750-1573)

Where claimant knew that taking and
passing an examination were conditions imposed for continuing in
employment (postal clerk), resignation because of unwillingness to take
the examination constitutes a voluntary leaving of employment without good
cause. (A.B. UCFE-10-55; A-750-1373; similarly, Matter
of Gordon, 51 A.D. 2d 613)

A claimant who has received a notice of
discharge for reasons not constituting misconduct does not voluntarily
leave employment by refusing to work the last two days before the
effective date of discharge. (A.B. 329,055; A-750-1914)

A claimant who waives job retention
rights and accepts separation from employment pursuant to a collective
bargaining agreement or written employer plan with no definite date to
return to work voluntarily leaves employment without good cause.
Separation for a "temporary period" requires an agreement
between the employer and the claimant at time of separation as to the
duration of the layoff. (Matter of Violanti, 89 A.D. 2d 727; A-750-1932)

When an employee has been informed by
the employer that unless there is an immediate reduction in force the
employer will discharge its entire staff and permanently discontinue
business, the employee's acceptance of a financial incentive to accept
voluntary layoff is a voluntary separation with good cause. (A.B. 351,883;
A-750-1956)

Failure to file a grievance, in response
to proposed disciplinary action, is not tantamount to voluntary leaving of
employment without good cause unless there is some accompanying
affirmative act by the claimant signifying voluntary separation. (A.B.
359,061; A-750-1963)

A claimant who voluntarily leaves his or her position in the face of pending disciplinary charges may qualify for Unemployment Insurance Benefits if the claimant’s actions do not constitute misconduct.

A sincere objection against working on military
implements of destruction because of religious beliefs, acceptance of such
work being in fact an offense to claimant's religious and moral
conscience. is not a proper basis for disqualification for voluntary
leaving employment without good cause when claimant was transferred to
such work from work which was not objectionable to him. (A.B. 34,048-52; A-750-1161)

A conscientious objector who accepts
alternative civilian service assigned by his draft board under the
Selective Service Law is not subject to a voluntary leaving
disqualification if he leaves such assignment at the termination of his
period of obligation. (Matter of Fleischman, 43 A.D. 2d 624; aff’g
A.B. 174, 361; A-750-1754)

Voluntarily leaving of employment by the editor
of a newspaper because he could not in good conscience agree with
employer's policy regarding the endorsement of political candidates is
without good cause since (1) claimant refused to meet a condition of
employment as it was the employer's prerogative to determine editorial
policy and (2) as editorials were unsigned, claimant's compliance would
not impinge upon his freedom of personal political choice or action. (Matter
of Moran, 34 A.D. 2d 694 aff’g A.B. 137,451; A-750-1671)

(a) Refusal by claimant to cross a picket line
maintained at his job site by striking employees of another employer
operating at the same location, does not subject him to suspension for
industrial controversy when no industrial controversy exists "in the
establishment" where he is employed.

(b) Such refusal is with good cause, not only when there is fear for
personal, safety but also if claimant' s union standing would be
jeopardized. (Matter of Buckley, 31 N.Y. 2d 950, A-750-1749 rev.)

When there is no fear of physical harm or
disciplinary action by claimant's union refusal as a matter of principle
to cross a picket line was a voluntary leaving without good cause. (A.B.
175,521)

Refusal to attend work or to perform tasks
which would violate one's religious beliefs is not disqualifying. (A.B.
452,775; A-750-2086)

1625.
Corporate officer or stockholder

If a claimant becomes unemployed as the
result of the sale of his corporate stock, a disqualification for
voluntary leaving of employment is proper unless the claimant had
compelling, as differentiated from personal and non-compelling, reasons
for such sale. (A.B. 90,801; A-750-1581;
similarly, Matter of Lieberman, 25 A.D. 2d 903; Matter of Amato,
26 A.D. 2d 599)

Where claimant, a principal stockholder,
participated in the decision to dispose of the corporate
"business" (a hotel), not because of a compelling need but
because of a profitable economic advantage, such action which resulted in
claimant's unemployment is tantamount to voluntary leaving without good
cause. (A.B. 101,790; A-750-1597)

Claimant, a minority stockholder, threatened
by other stockholders with a dissolution of the corporation if he failed
to sell his shares and sever his employment with the corporation, leaves
his employment with good cause for compelling reasons when he yields to
such demands. (A.B. 61,586-57; A-750-1470)

An officer-stockholder of a corporation
who is forced out of his job does not quit voluntarily even though, as a
consequence, he sells his stock interest. (Ref. 511-42-57R; A-750-1456)

An officer and stockholder who sells the
corporate business for non-compelling reasons, but agrees to remain as an
employee for a short period to assist in the transition, is subject to
disqualification for voluntary separation when (s)he is subsequently laid
off. (A.B. 169,491)

A corporate officer whose license is
revoked due to professional misconduct, and who cannot continue to operate
the corporation without the license, loses employment through voluntary
leaving without good cause. (A.B. 344,588; A-750-1952)

A corporate officer, who discontinues
his business because he can no longer run it according to his personal
preferences and does not take adequate steps to continue in business or
adapt to current business realities, quits without good cause.
(A.B.392,727; A-750-2014)

Despite a corporate officer's contention
that he was forced to sell his business due to losses, the claimant quits
without good cause when the business continued to pay the officers'
salaries, found a buyer who continued to run the business and there was no
specific factor or event which changed the viability of the business. The
claimant failed to establish the business was no longer viable.
(A.B.442,233; A-750-2070)

1635.
Domestic reasons

Children, care of

Voluntary leaving is
with good cause where claimant is required to take care of her infant
child at home. (A.B. 6184-41)

Where claimant had engaged
someone to care for children, leaving employment to be with them during
the summer is without good cause since claimant's presence was not a
compelling necessity. (A.B. 118,559; A-750-1628)

Unwillingness to work
on Saturday because of self-assumed duty of caring for grandchild did not
constitute such a compelling domestic circumstance as to amount to good
cause for voluntarily leaving employment. (A.B. 13,261-46)

Voluntary leaving is
with good cause despite the fact that childcare is available, when
claimant, a single parent. is permanently assigned to a shift that
precludes her from spending any time with her children. (A.B.
390,586; A-750-1998)

Voluntary leaving of
employment to stay home and provide childcare is without good cause when
claimant fails to pursue available alternatives offered by the employer
(i.e., a change in hours or a leave of absence). (A.B. 414,684; A-750-2057)

Household duties

A claimant who leaves
employment to devote herself to household duties in her own home does so
with good cause but is unavailable. (A.B. 7208-42).

Requirement of
overtime work by a typist in a department store during the Christmas
seasonal rush was not good cause for voluntarily leaving such employment
even though household duties would be interfered with since only personal
inconvenience would be caused and not actual hardship. (A.B. 18,911-49; A-750-877)

A claimant who refuses
to accept a change in hours from 9:00 am. to 5:30 p.m., to 10:00 a.m. to
7:00 p.m. because it would interfere with preparing dinner for a spouse
and teenage child voluntarily leaves employment without good cause. (Matter
of Weiss, 26 A.D. 2d 851)

Illness in household

Voluntary leaving is
with good cause where a claimant is needed at home to care for ill
members of his family. In such cases, however, the claimant is not
eligible for benefits because of unavailability. (A.B. 16,574-48; A.B.
15,748-48).

A claimant who leaves
employment rather than accept a leave of absence to care for an ill
family member does so without good cause. (A.B. 217,531)

Domestic Violence

When evaluating
whether a claimant’s voluntary separation from employment occurred “as a
consequence of circumstances directly resulting from the claimant being a
victim of domestic violence” the totality of circumstances must be
evaluated.No single factor is
determinative.(Matter of Loney,
287 AD 2d 845; A 750-2120).

When claimant is
stalked near her place of employment by an ex-husband who has a history
of violence toward her and her children, she has a reasonable fear for
her safety, and good cause to quit her job to relocate. (AB 530403; A 750-2121).

A claimant who failed
to seek an Order of Protection before quitting to relocate in order to
remove herself from a dangerous domestic situation is not subject to
disqualification when other evidence established that she acted from
genuine fear for her personal safety and the safety of her children.(A.B. 529594A; A
750-2122).

1640.
Experience and training

Higher skill

A full-charge
bookkeeper who obtained employment as an assistant bookkeeper and left
shortly thereafter because of the requirement to devote one day a week to
payroll posting work such duties not being mentioned at the time of
hiring and which allegedly were distasteful and hard on the eyes, voluntarily
left employment without good cause since she was properly fitted for the
job by training and experience and to make a distinction between general
bookkeeping and bookkeeping duties which include payroll work draws too
fine a line. (Matter of Muir, 217 App. Div. 1086; A-750-966)

Voluntary leaving
after five weeks of employment as a biller-typist which work was accepted
by a stenographer without a promise or representation when she was
employed that she would be given stenographic work, was without good
cause, even though she might have had good cause for refusing such
employment initially. Claimant had no prospects of employment when she
left and was unemployed for three months thereafter. (A.B. 13,906-46; A-750-773)

Where a sales engineer
accepted employment as a timekeeper and material checker and voluntarily
left after ten weeks because of a belief that he could obtain a position
more in keeping with his prior earnings and type of work, such leaving
was held to be without good cause since he left his job at a time when
there was work available for him and he had no definite assurance of a
job. (A.B. 24,039-50; A-750-984)

Claimant who had
accepted transfer to a job in a lower classification and with reduced
wages in accordance with a "bumping" privilege of the union
contract does not have good cause to leave employment in such
classification after three months since nothing developed during the three
month period to justify his refusing the employment in the first
instance. (A.B. 84,943-61; A-750-1567; See Matter
of Sellers, 13 A.D. 2d 204; A-750-1550)

Assignment to other
work

Where an accountant
quit because he was asked to do routine work of a clerical nature
associated with his regular work with no loss in pay. it was held that
his quitting was without good cause. (Matter of Smith, 269 App.
Div. 795; A-750-635; similarly, Matter of
Karman. 2 A.D. 2d 626)

Requirement that a
clerical worker do billing machine work temporarily because of an
emergency without a change in salary, did not constitute good cause for
voluntary leaving. (A.B. 13,969-46)

Transfer to other work
comparable to work previously performed without change of pay was not
good cause for voluntary leaving of employment. (A.B. 8337-42, A-750-420; similarly, A.B. 34,199-52)

Where claimant's job
(as section head at $66.25 per week) is abolished because of
reorganization, voluntary leaving of employment instead of accepting
transfer to her position previously held (stock control clerk at $61.75
per week) is without good cause when claimant is fitted by training and
experience for such employment and the rate of pay is not substantially
less favorable than that prevailing for similar work in the locality.
(A.B. 47,444-54; A-750-1336)

Choosing layoff rather
than accepting transfer to another job because it would entail a
substantially reduced rate of pay is a leaving of employment without good
cause, provided the offer meets the statutory tests including those of
suitability and prevailing wages. (Matter of Bus, 32 NY 2d 955;
aff’g 37 A.D. 2d 98; A-750-1741)

A claimant who was
hired as a laborer but advanced to higher-paying skilled jobs which he
performed satisfactorily for a substantial period immediately prior to
layoff, with only sporadic and infrequent work as a laborer during that
time, is not reasonably fitted by training and experience for a laborer
job and is not subject to disqualification for voluntary leaving when he
chooses layoff rather than accepting such unskilled work. (A.B. 167,920A;
A-750-1758)

A permanent public
employee, appointed to a higher graded position on a provisional basis
does not have good cause to leave employment when the provisional
appointment is terminated and the employee reverts to his permanent
position. (A.B. 300,900; A-750-1901)

A union agreement
providing for an offer of alternative work in lieu of layoff does not
preclude the Commissioner of Labor from determining whether the work is
suitable for the claimant. (Matter of Green, 37 N.Y. 2d 554)

Choosing layoff rather
than accepting demotion to a position previously held, is a voluntary
quit without good cause when the employer, after a reasonable trial
period, determined that claimant is not performing satisfactorily in the
new position. (A.B. 406,302; A-750-2045)

Desire for different
work or advancement

No prospects for
advancement and preference for other work did not constitute good cause
for voluntarily leaving employment. (A.B. 6539-41; A-750-300)

Voluntarily leaving
employment, as trainee-manager, accepted with full knowledge of the
duties involved, because of disappointment with progress in three months
and disagreement with the employer's method of training, which included
laboring work as warehouseman is without good cause. (A.B. 34,697-52; A-750-1169)

A claimant who was
employed for several years as a retail salesman and upon graduation from
law school and admission to the bar, voluntarily left that employment to
seek employment with law firms, was held to have left employment without
good cause. (Matter of Pillersdorf, 278 App. Div. 59; aff’g A.B.
22,361-50; A-750-948 (Rev))

A veteran, although he
has reinstatement rights under the Universal Military Training and
Service Act, does not voluntarily leave his employment when he
fails to apply for his former job and, therefore, cannot be disqualified
for that reason. (Matter of Lungarelli, 22 N.Y. 2d 394; A-750-1700)

A conscientious
objector who accepts alternative civilian service assigned by his draft
board under the Selective Service Law is not subject to a voluntary
leaving disqualification if he leaves such assignment at the termination
of his period of obligation. (Matter of Fleischmann, 43 A.D. 2d
624; aff’g A.B. 174,361; A-750-1754)

1645.
Following spouse or partner

The existence of a marital relationship
is not necessary for the claimant to show good cause to follow a domestic
partner to another locality. Where it is shown that the partner had good
cause to move, maintaining an emotionally and financially interdependent
committed relationship with a partner constitutes good cause for
voluntarily leaving one's employment to relocate. (A.B. 513,233A; A-750-2119)

NOTE: All entries in A and B
below apply to "domestic partner" as well as "spouse".

Moving with spouse

Claimants who leave
their jobs to relocate to another locality must demonstrate they have
good cause, aside from maintaining the marital relationship, to do so.
(A.B. 387,494; A-750-2009)

Quitting a job to move
with a family unit to another area is with good cause provided the
relocation is for a compelling medical reason. There is no requirement
that the relocating claimant be rendering personal care to the member of
the family unit. (A.B. 382,574A; A-750-2003)

Quitting a job to
follow a spouse who moves to another locality after retiring for medical
reasons is without good cause unless there is medical evidence that the spouse's
condition would benefit from taking up residence in the new locality.
(A.B. 391,034; A-750-2004)

Quitting a job to move
with a spouse who left the area for a personal, non-compelling reason
(e.g. attendance at college), is without good cause. (A.B. 391,210A; A-750-2006)

Quitting a job to move
with a previously unemployed spouse who found work in a different
locality is with good cause. (A.B. 382,135; A-750-2007)

Quitting a job to move
with a spouse who is transferred to a different locality is with good
cause. (A.B. 383,990; A-750-2008)

REMOVED

If a claimant quits
his job in order to move to the locality to which his wife had gone
because of the child's illness, he is not subject to the disqualification
even if his quitting for this reason occurs several months after his wife
and child had moved, since his leaving was due to compelling circumstances
in that the well-being of his ill child required his physical presence.
(A.B. 78, 484: A-750-1549)

Quitting a job to move
with a spouse who voluntarily relocates to accept new employment in a
different locality is with good cause. (A.B. 394,536; A-750-2023)

Quitting a job to
relocate with a spouse is without good cause, if the reason for the
relocation is personal and non-compelling, not withstanding the fact that
claimant’s spouse quit her job with good cause (to retire and withdraw
from the labor market). (A.B. 396,137; A-750-2024)

Quitting a job because
of the increased travel time and distance involved is without good cause
when claimant and a spouse had moved to be closer to the location of the
spouse’s newly obtained employment, and the total travel time and
distance is not unreasonable. (A.B. 398,342; A-750-2029)

When a claimant plans
to leave her employer after she marries, but the date to leave is
indefinite and dependent on her spouse’s future permanent assignment to a
specific location; the claimant’s subsequent quitting is due to following
her spouse, not marriage, and is with good cause. (A.B. 403,739; A-750-2036)

After a delay

Claimant must show a
compelling reason for the spouse's relocating, for a voluntary quit to
follow the spouse to be with good cause. In addition, claimant must have
formed an intent to relocate with the spouse, at the point of the
spouse's departure. (Matter of Howe, 188 AD 2d 982; A-750-2089)

Claimant may have good
cause to quit employment, to rejoin a spouse who had relocated for good
cause at an earlier time, if the temporary delay in following the spouse
was due to a compelling reason, and was limited to a reasonable length of
time. Claimant must act responsibly and diligently to resolve the causes
of the delay. (A.B. 467,740; A-750-2090)

When claimant intends
to follow a spouse who relocated for good cause to another locality, a
temporary delay due to efforts to sell a primary residence is not
disqualifying, provided these efforts are conscientious and expeditious.
(A.B. 469,653; A-750-2091)

Claimant has a
compelling reason to delay in following a spouse to another locality in
order to allow a child to finish the school year. (A.B. 467,359; A-750-2092)

Claimant who intends to
live apart from her spouse indefinitely does not have good cause to quit
employment to follow her spouse to another locality at a later time,
unless a new, compelling change in circumstances necessitates the quit.
(A.B. 468,058; A-750-2093)

Claimant who intended
to live apart from the spouse, but suffered emotional distress due to the
separation, has good cause to quit employment in order to rejoin the
spouse. (A.B. 434,814; A-750-2094)

If claimant delayed
relocating with her spouse to accommodate her employer's request, this
delay should not result in a disqualification, when quitting at an
earlier date would not have been disqualifying. (A.B. 457,410; A-750-2095)

A claimant may have
good cause to delay following a spouse who has relocated to begin new
employment on a trial basis, until the spouse's job is secure. (A.B.
492,947A; A-750-2111)

1650.
Grievances and objections

Action of employer or fellow employee
(annoyances)

Incompatibility with
an employer ordinarily does not constitute good cause for a voluntary
quit unless accompanied by factors such as resulting impairment of the
claimant's health or impugnment by the employer of claimant's honesty and
integrity. (A-750-1243; A.B. 39,427-53)

False accusations or
constant insinuations made by the employer that claimant is dishonest may
constitute good cause for voluntary leaving. (A.B. 13,297-46)

Constant nagging by
his supervisor, as distinguished from legitimate criticism, may
constitute good cause for an employee's voluntary leaving of employment.
(Ref. Dec. 51-325-52R; A-750-1138; similarly, A.B.
258,475A)

When working
conditions become intolerable because of continuous friction with
supervisor, good cause may exist for voluntary leaving. (A.B. 12,979-46)

Mere inability to get
along with supervisor (clash of personalities) is not good cause for
voluntary leaving. (A.B. 13.010-46)

Mere displeasure with
a co-worker's attitude in the absence of evidence that health was being
impaired is not sufficient of itself to constitute good cause for
voluntary leaving. (A.B. 16,683-48)

Inability to get along
with a fellow employee is not in itself good cause for leaving
employment. (A.B. 7053-42)

Being harassed and
annoyed by co-workers to such an extent that health is adversely affected
may be good cause for voluntary leaving. (A.B. 8108-42)

A supervisor's
continuing use of abusive profanity when reprimanding the claimant,
despite complaints to the employer, provides good cause for voluntary
leaving of employment. (A.B. 337,447; A-750-1941)

Disagreement with an
employer's new and reasonable "no smoking" policy, which makes
provision to accommodate "smokers" does not constitute good
cause for leaving employment. (A.B. 388,255; A-750-1991)

Discrimination

Discriminatory
enforcement of company rule constitutes good cause for voluntary leaving
of employment. (A.B. 6849-42, A-750-323)

Promotion in disregard
of seniority rights established by prevailing custom indicated
discrimination and was good cause for voluntary leaving. (A.B. 1965-42; A-750-388)

Claimant's leaving was
with good cause where his monthly salary was reduced to correspond to a
shorter work week, such reduction not being uniformly applied to all
personnel in claimant's category, as the employer in effect materially
altered the terms and conditions of the contract of hire. (A.B.
13,619-46; A-750-767)

Where claimant
voluntarily left her employment because her employer refused a salary
increase to the same wage level as that paid to male co-workers for
similar work, and it appeared that the differential in pay was based on
experience and ability and not on sex discrimination, held that the
leaving was without good cause. (A.B. 12,544-45; A-750-700(B))

Employer's failure to
fulfill promise to increase salary constitutes good cause for voluntary
leaving of employment where co-workers in the same establishment received
considerably more for the same work. (A.B. 6442-41; A-750-334)

Failure to receive
increase in pay, as did other employees doing same grade of work, such
increase being based on seniority, was not good cause for voluntary
leaving of employment, when claimant did not have necessary seniority.
(A.B. 12,762-46; A-750-735)

Where claimant
voluntarily left her employment because she felt disappointed and
aggrieved in not being promoted to a higher position for which she felt
better qualified than the incumbent who was younger and had less formal
education and seniority, such leaving was held to be without good cause
since it was within the employer's province to fix qualifications and to
make promotions in the organizations. (A.B. 22,402-50; A-750-935)

Article 15 of the N.Y.
State Executive Law, known as "The Human Rights Law", provides
that it shall be an unlawful discriminatory practice for an employer
(Section 296.1(a)) "because of the age, race, creed, color, national
origin, sex, or disability or marital status of any individual *** to
discriminate against such individual in compensation or in terms,
conditions or privileges of employment and additionally (Section 296.3
(a)), because an individual is between the ages of eighteen and
sixty-five *** to discriminate against such individual in promotion,
compensation, or in terms, conditions, or privileges of employment."

Disciplinary action
(imposition of penalty or reprimand)

Claimant was given
permission to be absent for the morning as the result of a nervous
condition from his being the cause of an accidental injury to a
co-worker. After an absence of two days he was told to return at once or
be discharged, whereupon he gave vent to an outburst of temper. Upon
reporting for work two days thereafter and then being informed that he
could return to employment but with the loss of all seniority rights and
two weeks vacation then due, he voluntarily left. Held, his leaving,
considering his highly nervous state at the time of his single outburst
of temper, after an unblemished record of ten years, was with good cause.
(A.B. 14,659-47; A-750-788)

Justifiable criticism
of work was not good cause for voluntary leaving of employment. (A.B.
7464-42; A-750-352)

Resentment because of
deserved reprimand for repeated absences from work was not good cause for
voluntary leaving of employment. (A.B 10,713-44; A-750-573)

Being told by her
floor manager that if her work did not improve by the end of the
following week she would be discharged did not constitute good cause for
leaving employment. (A.B. 20,115-49. A-750-893)

Being told to re-do
some work to employer's satisfaction or leave the job does not constitute
good cause for leaving employment where it appears that claimant's wages
would not have been affected. (A.B. 48,005-54; A-750-1316)

Claimant's refusal to
accept reinstatement following a disciplinary suspension because such
reinstatement is contingent upon a probation period wherein claimant
could be summarily discharged for a violation of company rules; was
tantamount to voluntary leaving of employment without good cause. (A.B.
374,677; A-750-1987)

Other

Dissatisfaction with
employer's reasonable method of operation of business was not good cause
for voluntary leaving of employment. (A.B. 7927-42; A-750-400)

Dissatisfaction with
employer's system of supervision over personnel which was reasonable, was
not good cause for voluntary leaving. (A.B. 7921-42; A-750-404)

Contention of
humiliation and embarrassment caused by husband's discharge by same
employer was not good cause for voluntarily leaving employment. (A.B.
12.696-46; A-750-716)

Voluntary leaving as
protest against co-worker's dismissal was without good cause. (A.B.
7559-42; A-750-403)

Alleged humiliation,
attributed by claimant to having been notified of discharge for exceeding
a 15 minute rest period, the discharge being cancelled before its stated
effective date, was not good cause for voluntary leaving. (A.B.
18,967-49. A-750-881)

Voluntary leaving of
employment is with good cause when an employee is requested by employer
to be a party to an illegal act. (Ref. Dec. 525-1427-52R; A-750-1156)

If a sale worker needs
protective headwear on the job because of shoulder length hair, leaving
because of objection to the reasonable device chosen by the employer is
without good cause. (hairnet) (A.B. 158,730; A-750-1727)

Leaving employment
because of employer's failure to provide a meal period in violation of
law is with good cause. (A.B. 307,109; A-750-1898)

Disagreement with an
employer's new and reasonable "no smoking" policy, which makes
provision to accommodate "smokers", does not constitute good
cause for leaving employment. (A.B. 388,255; A-750-1991)

Physical inability to continue former work does
not constitute good cause for voluntarily leaving employment when claimant
fails to exercise the right, provided under the union agreement. of
demanding work not detrimental to her health, being performed by others
with less seniority. (A.B. 33,924-52; A-750-1172)

Claimant, whose health was adversely affected
by her work but who refused transfers to locations which would overcome
the objections and at similar work, was held to have voluntarily quit
without good cause. (A.B. 11,524; A-750-636)

Failure to substantiate claimed adverse effect
of working conditions on health resulted in finding that good cause for
voluntary leaving did not exist. Medical certificate, because obtained
after interview at Insurance Section, had little weight. (A.B. 6143-41; A-750-279; similarly, A.B. 12,910-46)

Doctor's certificate that claimant "feels
that riding in trains and subways causes frequent colds ... avoidance of
commutation advisable" at the most shows agreement by the doctor that
claimant might feel better if commuting to the employer's new place of
business were not required but is insufficient proof that claimant was
compelled to leave the job for health reasons. (A.B. 39,825- 53; A-750-1233)

Failure to apply for a "trip-off" by
a seaman who left his employment at the end of the voyage because of
illness, held to constitute a voluntary leaving without good cause. (A.B.
21,112- 49; A-750-933; similarly, A.B. 27,947-51)

A seaman who did not request a
"trip-off" upon leaving his employment because of illness, left
with good cause when his vessel was operating on trips from two to seven
months duration and by registering for new work after becoming well, he
had prospects of obtaining a job within a month. (A.B. 26,205-51; A-750-1029)

Lack of heat for a short time prior to the
heating season, which allegedly caused a cold which lasted one or two
days, is not good cause for voluntary leaving of employment since to be
detrimental to health a causative condition must be a continuing
condition. (A.B. 18,923-49; A-750-878)

Discharge for failure to report for work on a
date set by her employer, based on a single examination by its doctor, is
a loss of employment under non-disqualifying conditions if the claimant's
own physician has determined, based on a continuing course of treatment,
that she was unable to work at that time. (A.B. 401,183; A-750-2033)

(a) Claimant was discharged when he notified
his employer of his admittance to a hospital for drug rehabilitation
sometime after being admitted. Claimant's absenteeism is not excused
because it was caused by his admittance to a drug abuse rehabilitation
program inasmuch as his drug abuse problem was a foreseeable result of his
use of an illegalsubstance.
(b) After reemployment, it was not good cause for claimant to
voluntarily leave his job in order to avoid the location near the worksite
where alleged drugs were available for purchase. (A.B. 409,188; A-750-2058)

1660.
Hours

Arrangement of hours (night vs. day shift,
lunch etc.)

Refusal to accept a
transfer to day shift employment when due to reasons of personal
convenience, is not good cause for voluntary leaving employment
notwithstanding a change in the contract of hire since claimant would not
have been justified in refusing such employment in the first instance.
(A.B. 47,364-54; A-750-1330)

A change in starting
time from 6:30 a.m. to 8:00 a.m. does not provide good cause for
voluntary leaving of employment (Matter of Sybell, 14 A.D. 2d 981)

Genuine and reasonable
fear for personal safety constitutes good cause for refusing or leaving
employment requiring, walking through dark and deserted streets late at
night. (A.B. 148,046; A-750-1707)

In the absence of an
employee objection, a 30-minute lunch period in a factory or mercantile
establishment is permissible without application to the Industrial
Commissioner pursuant to Section 162 of the Labor Law, and therefore
cannot avert disqualification because of a separation for unrelated reasons.
(A.B. 155,946; A-750-1724)

Desire not to continue
working Saturday nights in accordance with custom as a salesperson in a
retail store, was not good cause for voluntary leaving of employment.
(A.B. 12,595-45; A-750-726)

Voluntary leaving is
with good cause despite the fact that child care is available, when
claimant, a single parent, is permanently assigned to a shift that
precludes her from spending any time with her children. (A.B. 390,586; A-750-1998)

Increase in hours;
overtime

Good cause was found
to exist for voluntary leaving of employment where the evidence disclosed
that claimant's normal working hours were increased without a
corresponding increase in compensation. (A.B. 9964-43; A-750-552; similarly A.B. 37,900-53)

When claimant's
working schedule was increased from five to six nights a week which then
included Saturday night for which he received time and a half, voluntary
leaving of employment because of interference with social life did not
constitute good cause since the objection was a matter of convenience
rather than a hardship. (A.B. 25,752-50; A-750-1003)

Good cause did not
exist where claimant resigned rather than comply with employer's request
to work overtime which was usual and reasonable and for which claimant
was compensated. (A.B. 7302-42; A-750-347)

Claimant's arbitrary
act in terminating her employment because of an unwillingness to work
overtime to 9:00 p.m. to prepare a payroll on time during a holiday week
was voluntary leaving of employment without good cause. (A.B. 11,862-45)

Requirement of
overtime work by a typist in a department store during the Christmas
seasonal rush was not good cause for voluntarily leaving such employment
even though household duties would be interfered with since only personal
inconvenience would be caused and not actual hardship. (A.B. 18,911-49; A-750-877)

Good cause generally does not exist for
voluntarily leaving employment because it is irregular, part-time or
temporary. (U.I.D. policy)

Where claimant's job called for two or
three days' employment per week (approximately 20 hours), voluntary
leaving because of a desire for full-time work was without good cause.
(A.B. 25,669- 50; A-750-1023)

A claimant who leaves part-time
employment after layoff from concurrent full-time work is subject to
disqualification for voluntary quit even if net earnings plus possible
partial benefits are less than the full benefit rate. (Matter of
Grandy, 64 A.D. 2d 796; A-750-1862)

A claimant who leaves part-time
employment after layoff from concurrent full-time employment does so with
good cause when compelling reasons exist and such action is not based
solely on the desire to collect unemployment insurance benefits. (A.B.
355,494; A-750-1962)

Claimant has good cause to quit a
part-time job paying less than the benefit rate when increased
transportation costs, relating to that job, are caused by the loss, under
non-disqualifying conditions, of a concurrent full-time job located
nearby. (A.B. 409,186; A-750-2046)

A claimant who voluntarily separates from part-time employment after layoff from concurrent full-time employment is not subject to a disqualification for voluntary separation without good cause when the layoff placed the claimant in an untenable financial situation that created a compelling family reason for leaving. (A.B. 552,114; A-750-2142)

1670.
Marriage (Section 593.1(b))

Where claimant leaves employment upon
marriage to assume the care of her infant step-son, her marriage is the
direct cause and the disqualification provided for in Section 593.1 (b)(l)
applies. (A.B. 85,455; A-750-1563)

Termination of employment, because
claimant's impending marriage to a co-worker conflicts with a company rule
forbidding simultaneous employment of husband and wife, does not invoke
the disqualification which applies to quits due to marriage when the
claimant is willing to continue to work since such separation is then involuntary.
(A.B. 94,862; A-750-1582)

A claimant who quits a job intending to
get married is subject to disqualification for voluntary quit due to
marriage, even though the claimant shortly thereafter relocates to follow
that spouse. (Matter of Gaus ___Ad 2d___ decided November 21, 1990;
A-750-2032)

When a claimant plans to leave her
employer after she marries, but the date to leave is indefinite and
dependent on her spouse's future permanent assignment to a specific
location; the claimant's subsequent quitting is due to following her
spouse, not marriage, and is with good cause. (A.B.403,739; A-750-2036)

1675.
Military service

Resignation from a job because of claimant's
desire "to take it easy" for at least one month before induction
into the armed forces constitutes voluntary leaving of employment without
good cause and a withdrawal from the labor market. (A.B. 28,136-51; A-750-1126)

A veteran, although he has reinstatement rights
under the Universal Military Training and Service Act, does not
voluntarily, leave his employment when he fails to apply for his former
job and therefore, cannot be disqualified for that reason. (Matter of
Lungarelli, 22 N.Y. 2d 394; A-750-1700)

A conscientious objector who accepts
alternative civilian service assigned by his draft board under the
Selective Service Law is not subject to a voluntary leaving
disqualification if he leaves such assignment at the termination of his
period of obligation. (Matter of Fleischmann, 43 A.D. 2d 624; aff’g
A.B. 174,361; A-750-1754)

Leaving employment
voluntarily for the purpose of securing a divorce in another state was
without good cause. Claimant was unavailable during her absence from New York since She
was not interested in seeking employment and remained continuously
unemployed until she returned. (A.B. 15,080-47; A-750-811;
similarly, A.B. 16,076-47)

Housing problems

Failure to
substantiate claimed lack of suitable living quarters at site of
employment and no prospects of other employment resulted in finding that
voluntary leaving was without good cause. (A.B. 8840-43; A-750-424)

Moving to a purchased
home in a suburban area, resulting in approximately two hours traveling
time each way and in a substantial increase in transportation cost, was
not good cause for voluntary leaving of employment since, although
claimant was compelled to vacate his former residence, it was not
demonstrated that it was impossible to obtain other living quarters more
accessible to claimant's place of employment. (A.B. 27,734-51; A-750-1058)

A claimant who lost
her living quarters on a military base because her serviceman husband was
transferred overseas, and who left her job off the base to move in with
her parents in a distant city, was disqualified for voluntary leaving of
employment, because she might have been able to find affordable
accommodations near the job had she made diligent efforts to do so. (A.B.
208,002; A-750-1857)

Quitting employment to
move out of the area, because of a bonafide fear for
safety, is without good cause if the claimant's fear results from
incidents in the neighborhood of her residence and she failed to make
reasonable efforts to find living accommodations elsewhere within
commuting distance that would have allowed her to continue working for
the employer. (Matter of Ollinger, decided September 26, 1991; A-750-2034)

Medical reasons

Good cause exists for
voluntary leaving where a claimant is required for medical reasons to
remove his family to a different locality. (A.B. 47,419-54)

Move with family

Membership in a family
unit which moves does not in itself constitute good cause for leaving
employment. Good cause exists only if, apart from the fact of such
membership, a compelling reason exists for remaining with the unit. (A
widow living with daughter, son-in-law and her elderly mother, was
disqualified for voluntary leaving when she quit to follow them to a
distant city to which her son-in-law had been transferred, there being no
indication that she would have been unable to subsist alone, nor that her
financial support was necessary to the upkeep of the family unit). (A.B.
160,076)

Other reasons for
moving

A widow voluntarily
left her employment without good cause when she moved to anther area to
be near her son and his wife since such action was prompted by personal
considerations rather than necessity or hardship. (A.B. 29,715-51; A-750-1085)

Moving to California to
purchase a home for her father was not good cause for voluntarily leaving
employment as it did not constitute a compelling reason such as health or
family circumstances. (A.B. 19,136-49; A-750-879;
similarly A.B. 27,726-51)

A college student
leaves part-time employment with good cause to return home at the end of
the school year when the dormitory is closed, his earnings are
insufficient to support himself, and the employer cannot provide
full-time work. (A.B. 217,344; A-750-1812)

1690.
Pension or retirement

Leaving a position to avail oneself of
pension rights with the intention of finding employment elsewhere is
without good cause. However, where such leaving of employment is with the
intention of retiring from the labor market it is with good cause but
under circumstances which show withdrawal from the labor market. (A.B.
14,016-46; A-750-776)

A claimant who voluntarily retires and
applies for Social Security benefits but does not intend to leave the
labor market, as is demonstrated by filing for unemployment insurance
benefits shortly thereafter, quits without good cause. (A.B. 289,381)

Voluntary leaving of employment to
withdraw temporarily from the labor market in order to protect
pension rights is without good cause. (A.B. 36,796-53; A-750-1198; similarly, Matter of Zatz, 42
A.D. 2d 687)

A claimant who ceases working in order
not to suspend a government pension with a specified income limitation is
considered as having left employment without good cause, and not on a
leave of absence, should be available upon applying for re-employment
(A.B. 43,240-54; A-750-1290; similarly, Matter
of Weisberg, 28 A.D. 2d 1050)

An elderly claimant, who exercises an
option to retire so that he does not forfeit substantial benefit, in life
insurance arrangements, leaves with good cause when continuance on the job
would result in a substantial financial sacrifice to him and would
drastically reduce the protection afforded to his family (A.B. 78,477-61; A-750-1542; similarly, A.B. 79,237-61)

An employee who elects to take advantage
of his employer’s early retirement plan is subject to disqualification for
voluntary leaving even though the plan is offered to achieve a reduction
of the employer's work force. (Matter of Fisher N.Y. 2d 146; A-750-1784)

A claimant who exercises an option to
retire before a given date so as to receive a substantial increase in
retirement annuities (8 .1%) voluntarily leaves his employment with good
cause only if his continuing potential employment (subject to mandatory
age requirement, closing of establishment, etc.) would have been
insufficient to produce an annuity comparable to that which he is
receiving upon his actual retirement. (A.B. UCFE-1772 and UCFE-1813A; A-750-1654) (Note: In UCFE 2080, under similar
circumstances, voluntary leaving was without good cause since, in the time
claimant could have remained in employment (8 years to age 70) she would
have had full opportunity to be placed in at least the same status by
completing additional months of service).

Where an employer established a
substantial down-sizing goal, a climate of uncertainty and fear of losing
one's employment may constitute good cause for participation in a
voluntary severance or retirement incentive program. All the following
factors must be present: the employer established a substantial
down-sizing goal; did not rule out layoffs in the event such goals were not
achieved; did not establish clear criteria for selection of individuals if
layoffs were necessary; and provided substantial incentives to participate
in the work force reduction. (A.B. 432,222A; A-750-2074)

Where claimant was not in danger of
being involuntarily laid off or forced to retire, voluntary leaving of
employment merely to obtain a financial incentive is without good cause.
(A.B. 419,971; A-750-2075)

1695.
Pregnancy

A claimant who, solely because of pregnancy,
voluntarily leaves employment not harmful to her health, is subject to
disqualification for voluntary quit upon filing before childbirth, since
such filing negates any intent to withdraw from the labor market. (A.B.
246,566; A-750-1840)

If claimant's services are terminated under an
employer's policy requiring employees to cease working at a given stage of
pregnancy there is no voluntary leaving of employment even though the
claimant declined to accept a maternity leave. (A.B. 149,438; A-750-1716)

A voluntary quit disqualification was upheld in
the case of a claimant who ceased working voluntarily, rejected a
maternity leave without valid reason, and filed for benefits before
childbirth. (A.B. 195,433)

A claimant who intends to return to the labor
market following childbirth voluntarily leaves employment without good
cause when she fails to apply for an obtainable maternity leave. (A.B.
191,796)

1700.
Prospect of other work

Voluntarily leaving employment without
having any other definite job is without good cause notwithstanding a hope
or expectancy of obtaining other employment as a result of pending
negotiations with a prospective employer. (A.B. 43,319-54; A-750-1282)

Voluntarily leaving employment in
anticipation of becoming self-employed but with no definite plans, was
held to be without good cause. (A.B. 23,543-50; A-750-985;
similarly A.B. 36,963-53)

Leaving employment two weeks in advance
of the starting date of definite, other employment, in order to take a
vacation, is with good cause, if the job fails to materialize through no
fault of claimant. (A.B. 277,336A; A-750-1866.
See comments.)

Voluntary leaving without good cause
exists when claimant, who resigned a job because she had an offer of new
employment to start on a specific future date, did not intend to accept
the new employment. (Matter of T.J. Amber Jarvis; A-750-1967)

1705.
Reduction-in-force situations

Volunteering to be laid off in place of
a co-worker is a voluntary leaving without good cause. (Matter of
Rivera, 29 A.D. 2d 582)

An employee who elects to take advantage
of his employer's early retirement plan is subject to disqualification for
voluntary leaving even though the plan is offered to achieve a reduction
of the employer's work force. (Matter of Fisher 36 N.Y. 2d 146; A-750-1784)

A claimant who waives job retention
rights and accepts separation from employment pursuant to a collective
bargaining agreement or written employer plan with no definite date to
return to work voluntarily leaves employment without good cause.
Separation for a "temporary period" requires an agreement
between the employer and the claimant at time of separation as to the
duration of the layoff. (Matter of Violanti, 89 A.D. 2d 727; A-750-1932)

When an employee has been informed by
the employer that unless there is an immediate reduction in force the
employer will discharge its entire staff and permanently discontinue
business, the employee's acceptance of a financial incentive to accept
voluntary layoff is a voluntary separation with good cause. (A.B. 351,883;
A-750-1956)

Where an employer established a
substantial down-sizing goal, a climate of uncertainty and fear of losing
one's employment may constitute good cause for participation in a
voluntary severance or retirement incentive program. All the following
factors must be present: the employer established a substantial
down-sizing goal; did not rule out layoffs in the event such goals were
not achieved; did not establish clear criteria for selection of
individuals if layoffs were necessary; and provided substantial incentives
to participate in the work force reduction. (A.B. 432,222A; A-750-2074)

Where claimant was not in danger of
being involuntarily laid off or forced to retire, voluntary leaving of
employment merely to obtain a financial incentive is without good cause.
(A.B. 419,971; A-750-2075)

1710.
Safety

Voluntary leaving of employment rather than
comply with employer's request to perform work which was dangerous and
risky was found to be with good cause. (A.B. 7671-42; A-750-356)

Voluntary leaving of employment rather than
accept a transfer to work as a jig learner was with good cause where the
offered work was hazardous in nature and claimant's past experience did
not fit him for it. (A.B. 9571-43; A-750-482)

Where a person arbitrarily refuses to work on a
machine approved as safe, voluntary leaving is without good cause.

If a male worker needs protective headwear on
the job because of shoulder length hair, leaving because of objection to
the reasonable device chosen by the employer is without good cause.
(hairnet) (A.B. 158,730; A-750-1727)

A seaman who refused to re-sign shipping
articles on a vessel which was bound for a dangerous zone (China coast) because of a war, not
involving the United
States, voluntarily left his employment
with good cause. (A.B. 23,452-50, A-750-962)

Demand by claimant's intended husband that she
leave her job which he felt was in an objectionable neighborhood
(warehouse district and requiring traversing a bridge over railroad
tracks) did not constitute good cause for voluntarily leaving employment.
(A.B. 20,141-49; A-750-899)

Genuine and reasonable fear for personal safety
constitute good cause for refusing or leaving employment requiring walking
through dark and deserted streets late at night. (A.B. 148,046; A-750-1707,)

(a) Refusal by claimant to cross a picket line
maintained at his job site by striking employees of another employer
operating at the same location, does not subject him to suspension for
industrial controversy when no industrial controversy exists "in the
establishment" where he is employed.
(b) Such refusal is with good cause, not only when there is fear for
personal safety, but also if claimant's union standing would be
jeopardized. (Matter or Buckley, 31 N.Y. 2d 950; A-750-1749 Rev.)

When there is no fear of physical harm or of
disciplinary action by claimant's union, refusal as a matter of principle
to cross such picket line is a voluntary leaving without good cause. (A.B.
175,521)

Quitting employment to move out of the area,
because of a bonafide fear for safety, is without good cause if the
claimant's fear results from incidents in the neighborhood of her
residence and she failed to make reasonable efforts to find living
accommodations elsewhere within commuting distance that would have allowed
her to continue working for the employer. (Matter of Ollinger, decided
September 26, 1991; A-750-2034)

When evaluating whether a claimant’s voluntary
separation from employment occurred “as a consequence of circumstances
directly resulting from the claimant being a victim of domestic violence”
the totality of circumstances must be evaluated.No single factor is determinative.(Matter of Loney, 287 AD 2d 845; A 750-2120).

When claimant is stalked near her place of
employment by an ex-husband who has a history of violence toward her and
her children, she has a reasonable fear for her safety, and good cause to
quit her job to relocate. (AB 530403; A 750-2121).

A claimant who failed to seek an Order of
Protection before quitting to relocate in order to remove herself from a
dangerous domestic situation is not subject to disqualification when other
evidence established that she acted from genuine fear for her personal
safety and the safety of her children.(A.B. 529594A; A 750-2122).

1715.School or training course, quit to
attend

Leaving employment to enter college or
school or to otherwise improve one's education is without good cause
within the meaning of the Unemployment Insurance Law. (A.B. 75,953; A-750-1533; similarly, Matter of Anderson,
A.D. 76-419, Nov, 18, 1976, not officially reported, aff'g A.B. 224,839)

Leaving full-time employment to return
to school in the fall is without good cause even though claimant
customarily worked part time during the school year. (Matter of Manning,
59 A.D. 2d 818; A-750-1842; See Comments.)

Leaving employment to attend vocational
training is without good cause in the absence of special circumstances.
(A.B. 165,640; A-750-1743; Matter of
Christopher, 50 A.D. 2d 705; See comments after A-750-1842.)

When a claimant, after applying to a
training facility for admission to vocational training, obtains employment
intending to work until the training starts, good cause exists for leaving
that employment to commence the course, provided the training meets the
conditions for approval set forth in Section 599 of the Law. (A.B.
173,143F; A-750-1750)

A claimant's choice to leave employment
due to a change in claimant's school schedule which the employer is unable
or unwilling to accommodate, while continuing work is available in the
claimant's usual schedule, is tantamount to a voluntary leaving of
employment without good cause. (A.B. 388,505; A-750-1994)

Employment which coincides with
attendance at training is not "stopgap"; therefore, quitting
such employment because a change in the training schedule conflicts with
the hours of work is without good cause. (A.B. 415,284A; A-750-2051)

Claimant's decision to reduce his/her
days of employment in order to attend school, even when agreed to by the
employer, is a voluntary leaving without good cause. (A.B. 500,889 A-750-2114)

Voluntarily leaving employment to enter temporary
self-employment, for the summer months is without good cause. (A.B.
35,458-52; A-750-1180)

Voluntarily leaving employment in
anticipation of becoming self-employed but with no definite plans, was
held to be without good cause. (A.B. 23,543-50; A-750-985;
similarly A.B. 36,963-53)

A voluntary leaving of employment
because a change in working hours interferes with concurrent
self-employment is without good cause. (A.B. 265,627)

1722.
Travel time, method or cost

Moving to a locality which would take
claimant one and one-half hours to travel to her place of employment, an
increase of one-half hour over previous traveling time. was not good cause
for voluntary leaving of employment. (A.B. 13,033-46; A-750-738)

Moving to a purchased home in a suburban
area, resulting in approximately two hours traveling time each way and a
substantial increase in transportation cost, was not good cause for
voluntary leaving of employment since, although claimant was compelled to
vacate his former residence, it was not demonstrated that it was
impossible to obtain other living quarters more accessible to claimant's
place of employment. (A.B. 27,734-51; A-750-1058)

Where claimant voluntarily left his
employment because a change in his work schedule for the period of
daylight saving time resulted in increasing his travel time to one hour
and fifty minutes (including a wait for bus connections), it was held that
the leaving was without good cause, since the temporary inconvenience of
travel was primarily due to the fact that claimant resides in a suburb.
(A.B. 30,215-52; A-750-1100)

Transfer of work location to another
state is not in itself good cause for leaving employment when the commuting
time and distance is not unreasonable and the additional travel expense is
provided for. (A.B. 143,483; A-750-1714)

The employer's relocation does not
afford a claimant good cause, for voluntarily leaving employment when the
location is not at an unreasonable distance from the claimant's home, and
the employer partially offsets the increased travel cost so that the net
commutation cost is not substantially greater. (Matter of Roman, 38
A.D. 2d 890)

Claimant, transferred to a new location
requiring two hours travel each way, who tried working under the new
conditions for one and one-half months but found them too difficult, quit
with good cause since employment under the changed conditions was not for
substantial period of time so as to be deemed accepted permanently. (A.B.
109,386; A-750-1609) (Matter of Sellers,
13 A.D. 2d 204; A-750-1550, not applicable)

Leaving employment because of loss of
transportation is without good cause when the employer might have resolved
the problem had claimant apprised him of it. (A.B. 250,351; A-750-1848)

A claimant who becomes unemployed
because of a lack of suitable transportation to his place of employment is
disqualified for voluntary leaving without good cause, provided the lack
of transportation is due to personal circumstances, and not because of any
action on the part of the employer. (Matter of Kudysch, 72 AD 2d
901; A-750-1894)

A claimant who becomes unemployed
because of an involuntary loss of his regular transportation to his place
of employment and for whom no alternative means of transportation was
available is not subject to a disqualification for voluntary leaving of
employment without good cause. (A.B. 304,625; A-750-1896)

Where a claimant has worked for two
months under commuting conditions requiring a travel time in excess of one
and one-half hours each way, a leaving for such reason is without good
cause. (A.B 392,146; A-750-2010)

1725.
Union relations

Claimant's loss of employment because of
failure to join a union as required by the collective bargaining agreement
in effect in the employer's establishment constitutes a voluntary leaving
of employment without good cause. (Matter of Malaspina, 309 N.Y.
413; aff'g 285 App. Div. 564; A.B. 42,606-54; A-750-1286
(Rev.)

Leaving employment because of a
requirement for immediate membership in a union is without good cause when
the employer is not engaged in interstate commerce and, therefore, not
subject to the Federal Fair Labor Management Act (Taft-Hartley Act) which
provides that union membership may not be required within the first 30
days after hiring. (Ref. 64 47-56R; A-750-1422)

Discharge for refusing to join the union
with which the employer had contractual relations, or a voluntary leaving
of employment for the same reason, does not result in a disqualification
when claimant is a member of a different labor organization whose
constitution provides for suspension and eventual expulsion of any member
who joins any other labor organization. (A.B. 31,861-52; A-750-1150)

Discharge because of claimant's failure
to maintain membership in a union does not constitute voluntary leaving of
employment without good cause if the action is prompted by his belief, for
which there are reasonable grounds, that the union adheres to economic
precepts and political philosophy which he abhors as inimical to the best
interests and the fundamental concepts of the United States. (A.B.
38,039-53; A-750-1211)

A seaman, holder of a "permit
card," has good cause in leaving employment upon the completion of
one round trip or 60 days, whichever is longer, if, in accordance with a
rule of his union, he would have jeopardized his union membership by retaining
that employment since the union rule is not arbitrary, but a reasonable
one, designed to provide a solution to the labor problems in the industry.
(Purpose of rule was to provide steady employment for career seamen) (Matter
of Fiol, 309 N.Y. 661, aff'g 284 App. Div. 519; A-750-1081(Rev.))

(a) Refusal by claimant to cross a
picket line maintained at his job site by striking employees of another
employer operating at the same location, does not subject him to
suspension for industrial controversy when no industrial controversy
exists "in the establishment" when he is employed.
(b) Such refusal is with good cause, not only when there is fear for
personal safety, but also if claimant’s union standing would be
jeopardized. (Matter of Buckley, 31 N.Y. 2d 950; A-750-1749(rev.))

When there is no fear of physical harm
or of disciplinary action by claimant’s union, refusal as a matter of
principle to cross such picket line is a voluntary leaving without good cause.
(A.B. 175,521).

1730.
Vacations, trips, leaves of absence

Denial of request to change vacation plans was
not good cause for voluntary leaving of employment. (A.B. 6114-41; A-750-282)

No disqualification for voluntary leaving
employment applies to a claimant whose employment is terminated upon
refusal to cancel a vacation trip abroad when a leave for this purpose had
been granted and when in reliance thereon, he had incurred expenditures
and would have suffered a substantial financial loss by the cancellation
of the trip. (A.B. 65,606-58; A-750-1490)

Leaving of employment is with good cause when
an employer, having agreed at time of hire to a vacation after one year,
breaches that agreement by postponing the vacation for a substantial time.
(A.B. 162,485; A-750-1732)

Claimant's action in voluntarily leaving
employment to visit his critically ill aged mother in a foreign country
constitutes a pressing and compelling reason and was with good cause.
(Ref. 512-661-50R; A-750-1007)

Claimant who previous to his hiring had
purchased a ticket and obtained passage to sail to Europe to visit members
of his family and advised his employer on accepting employment of this
circumstance, and that he could only work for three weeks, held to have
voluntarily left his employment without good cause, since at the time of
leaving the employer had work for him and such leaving was purely personal
not of such a character as to constitute good cause. (A.B. 21,480-49; A-750-922; similarly, A.B. 22.632-50; A.B.
27,959-51; A.B. 119,016-65)

Voluntary leaving of employment for the purpose
of making a non-essential trip abroad is without good cause when claimant
is not granted a leave of absence and assumes the risk of not being
reemployed upon his return. (A.B. 49,052-55; A-750-1358;
similarly, A.B. 130,270)

Securing a leave of absence from employment for
personal reasons and being unable to secure re-employment with the
employer upon return to the labor market does not constitute a voluntary
leaving of employment without good cause. (A.B. 47,784-54; A-750-1350)

Leaving employment two weeks in advance of the
starting date of definite, other employment, in order to take a vacation,
is with good cause, if the job fails to materialize through no fault of
claimant. (A.B. 277,336A; A-750-1866)

Denial or promised
wage increase after promotion to more responsible position was good cause
for voluntary leaving of employment. (A.B. 7996-42; A-750-415)

Leaving employment
because of employer's unfulfilled promise of a wage increase is without
good cause where business conditions did not warrant an increase and
claimant had received several increases in the past to the employer's
maximum for the position, such final salary being not substantially less
favorable than that prevailing for similar services in the locality.
(A.B. 50,097-55; A-750-1374) (See A-750-1740)

An agreement made in
the course of employment to increase pay, with the amount and date
specified, becomes, in the absence of special circumstances, a condition
of the employment which, if not fulfilled, justifies voluntary leaving
and subsequent refusal to return without such increase. (Matter of
Harris, 42 A.D. 2d 1049; aff'g A.B. 165,156A, A-750-1740)
(For an example of "special circumstances", see A-750-1374)

Promotion

Where employer failed
to keep his definite promise made at the time of hiring to promote
claimant to a higher paying job, it was held that claimant had good cause
to leave when it was shown that a vacancy at the higher rate had
occurred. (A.B. 11,420-44; A-750-621)

Choosing layoff,
rather than accepting demotion to a position previously held, is a
voluntary quit without good cause when the employer, after a reasonable
trial period, determined that claimant is not performing satisfactorily
in the new position. (A.B. 406,302; A-750-2045)

Good cause for leaving employment is established when an employer ignores an employee's repeated requests that it fulfill its promise of a promotion and raise that were a condition of the employee's acceptance of substantial additional duties and the employer ultimately fails to honor its agreement. (A.B. 542757; A-750-2140)

Job duties

A full-charge
bookkeeper who obtained employment as an assistant bookkeeper and left
shortly thereafter because of the requirement to devote one day a week to
payroll posting work, such duties not being mentioned at the time of
hiring and which allegedly were distasteful and hard on her eyes,
voluntarily left employment without good cause since she was properly
fitted for the job by training and experience and to make a distinction
between general bookkeeping and bookkeeping duties which include payroll
work draws too fine a line. (Matter of Muir,277 App. Div.
1086; aff'g A.B. 22,792-50; A-750-966)

A claimant hired for a
highly skilled occupation (head bookkeeper) but who is assigned lower
tasks without prospects to perform the work in the higher skill has good
cause for leaving the employment. (A.B. 41,351-53; A-750-1263)

Other terms and
conditions

Where the employer
altered the original terms and conditions of employment whereby certain
disbursements by claimant, a salesman-collector, were no longer allowed,
which represented a 5% reduction in his already meager remuneration,
voluntary leaving of employment was with good cause. (A.B. 13,471-46; A-750-761)

Leaving of employment
is with good cause when an employer, having agreed at time of hire to a
vacation after one year, breaches that agreement by postponing the
vacation for a substantial time. (A.B. 162,485; A-750-1732)

An employer's failure
to fulfill a promise, made subsequent to hire, to change employment
conditions (transfer) is not good cause for voluntary leaving since no
circumstances developed which would have justified refusal of the
employment in the first instance. (A.B. 91,334; A-750-1599)

Disagreement with an
employer's new and reasonable "no smoking" policy, which makes
provision to accommodate "smokers", does not constitute good
cause for leaving employment. (A.B. 388,255; A-750-1991)

Dissatisfaction with
wages, even though they are below those which are prevailing for
claimant's occupation, does not constitute good cause for voluntary
leaving of employment, unless circumstances are involved which have
developed in the course of the employment. (Matter of Sellers; 13
A.D. 2d 204; A-750-1550)

Claimant who had
accepted transfer to a job in a lower classification and with reduced
wages in accordance with a "bumping" privilege of the union
contract does not have good cause to leave employment in such
classification after three months since nothing developed during the
three month period to justify his refusing the employment in the first
instance. (A.B. 84,943-61; A-750-1567)

When the amount of
earnings is not known at the time of hire -- as where part of the
compensation consists of commissions for sales made -- leaving the
employment is with good cause if it develops after a reasonable trial
period that the earning are so low that they would have justified the
claimant in refusing such employment in the first instance. (A.B.
150,350; A-750-1719)

Leaving employment
because of insufficient wages is with good cause if the wages are less
than those prescribed by a minimumwage law since under such
circumstances Matter of Sellers (13 A.D. 2d 204; A-750-1550) is not applicable. (A.B. 82,614-61; A-750-1561)

A piece worker in the
garment industry, who during the slack season obtained employment in her
occupation with another employer but left after five hours work because
of dissatisfaction with her earnings during such time, voluntarily left
employment without good cause since she did not give the job a fair
trial, other operators in the employer's establishment averaged
substantially higher earnings, and it appeared that claimant would earn
as much after a few days experience. (A.B. 26,380-51; A-750-1035)

Reduction of wages

Where the employer
altered the original terms and conditions of employment whereby certain
disbursements by claimant, a salesman-collector, were no longer allowed,
which represented a 5% reduction in his already meager remuneration,
voluntary leaving of employment was with good cause. (A.B. 13,471-46; A-750-761)

The action of the
union in agreeing to a wage reduction and production method change, which
affected all employees and which was ratified by the union membership, is
a collective election by the union members and a voluntary leaving of
employment thereafter because of dissatisfaction with such agreement is
without good cause. (Ref. 545-1106-52R; A-750-1173;
similarly, A.B. 18996-49)

Reduction in pay due
to elimination of overtime and inability to work during inclement
weather, such work being optional with employee, was not good cause for
voluntary leaving of employment. (A.B. 12,726-46; A-750-718)

Good cause did not
exist where claimant voluntarily left employment of 34 hours per week
because the employer, due to shortage of materials, could not furnish 40
hours' work per week. (A.B. 5703-41; A-750-260)

Deductions from wages

Leaving employment as
a cashier because claimant was required to pay for register shortages, is
with good cause since such requirement is a violation of Section 193 of
the Labor Law notwithstanding that claimant's union had agreed to such
practice. (A.B. 223,758; A-750-1816 see
comments)

A deduction from wages
to pay rent owed the employer is a violation of Section 193 of the Labor
Law which justifies voluntary leaving of employment. (A.B. 264,513; A-750-1855)

A claimant has good
cause to leave employment when the employer has been served with a levy
by the Internal Revenue Service directing that all of the claimant's
accrued and future wages be withheld to satisfy a tax lien. (Matter of
Jones, 14 N.Y. 2d 558)

A federal tax lien
directing the employer to withhold a claimant's accrued wages does not
provide good cause for voluntarily leaving employment when the claimant's
future wages would not be affected. (A.B. 106,735A)

Failure to Pay

A voluntary quit
because overtime work is not compensated is with good cause even though
the claimant had performed such overtime without compensation for several
months in the past. (Note: In this decision, the Board relied on Section
160 of the Labor Law; however, on a reopening request by the employer
(A.B. 41,393-53), the Board came to the same conclusion under the
provisions of Section 593 of the U.I. Law. (A.B. 37,900-53; A-750-1228; similarly, A.B. 92,506)

A voluntary quit
because a substantial annual bonus which claimant had received for many
years would no longer be paid was without good cause when such payment
hinged upon the financial condition of the business and the discretionary
action of management and there was, therefore, no breach of the terms of
employment. (A.B. 40,464-53; A-750-1234)

Good cause for
voluntarily leaving employment does not exist when claimant quits because
he claims additional wages which the employer disputes, when such dispute
is under arbitration in accordance with the terms of the union agreement.
(Ref. Case OSR-693-53R; A-750-1192)

Receiving no
compensation for a holiday was not good cause for voluntary leaving since
the employer was under no duty to make payment. (A.B. 12,638-46; A-750-715)

Where claimant was not
included in employer’s non-obligatory decision to grant holiday pay to
some of his non-union employees, a voluntary leaving of employment,
contending discrimination, was without good cause. (A.B. 105,248; A-750-1600)

Leaving employment
because of employer's continual failure to pay wages on time in violation
of law, is with good cause, and a refusal to return is justified when no
assurance is provided against repetition of such practice. (A.B. 249,137;
A-750-1847)

Leaving employment due to an employer's failure to pay overtime in violation of law and regulation is a voluntary quit with good cause. (A.B. 545712; A-750-2139)

1745.
Waiver of retention rights

A claimant who waives job retention
rights and accepts separation from employment pursuant to a collective
bargaining agreement or written employer plan with no definite date to
return to work voluntarily leaves employment without good cause.
Separation for a "temporary period" requires an agreement
between the employer and the claimant at time of separation as to the
duration of the layoff. (Matter of Violanti, 89 A.D. 2d 727; A-750-1932)

1750.
Other reasons

Voluntary leaving a suitable job is
without good cause when the claimant who does not like the job quits it to
avoid paying a fee to an employment agency. (A.B. 58,998-57; A-750-1449)

Voluntary leaving to find living quarters
was without good cause since, although an acute housing shortage existed,
it was felt that the efforts of the claimant's unemployed husband were
sufficient. (A.B. 13,774-46)

A claimant who deliberately foregoes the
opportunity of earning additional wages during the balance of his last day
of employment to keep within the statutory limitation for partial
unemployment benefits, places himself without the scope of the provisions
authorizing the payment of partial benefits and hence renders himself
ineligible for benefits in that week. (A.B. 73,779-60; A-750-1527)

Voluntary leaving of employment by a
seaman upon the denial of his request for a leave of absence for one
voyage to complete the sale of a business which he owned is without good
cause since leaving was activated by personal considerations rather than
compelling necessity. (A.B. UCFE-48-55; A-750-1397)

Voluntarily leaving employment because
of required traveling and absence from home over extended periods is with
good cause if prompted by compelling reasons, such as to preserve the
marital relationship when endangered because of the nature of such
employment. (Ref. OSR-3662-51R; A-750-1077)

Where claimant's hourly earnings were
computed by a formula applied by the employer, but unknown to claimant,
and claimant, in order to determine adequacy of pay, requested employer to
furnish basis of payment, the employer's non-compliance with this request
constituted good cause for voluntary leaving of employment. (A.B. 8876-43;
A-750-457)

Disagreement with an employer's new and
reasonable "no smoking" policy, which makes provision to
accommodate "smokers", does not constitute good cause for
leaving employment. (A.B. 388,255; A-750-1991)